Product Liability

Clayton Utz' Product Liability team gives insurers, manufacturers, suppliers and importers expert advice with all aspects of product safety and regulatory issues. We work with our clients through the entire life cycle of their products on risk prevention, in their dealings with regulatory agencies, and, if a problem arises, we use our extensive experience in product recalls and crisis management to handle the legal, regulatory, political and media issues.

When our clients need to defend product liability litigation, they can rely on our unparalleled expertise in product liability claims and class actions involving medical, scientific and causation issues. We help our clients by:

• defending product liability cases, particularly those involving multiple plaintiffs and class actions.
• investigating the complex medical, scientific, epidemiological and technical issues involved and preparing expert evidence.
• facilitating (where necessary) a discreet settlement of a claim against a backdrop of political and media interest.
• dealing with government regulators, media commentators and plaintiff lawyers.

Our track record in global product liability claims includes currently representing Merck & Co., Inc. and Merck Sharp & Dohme (Australia) Pty Limited in the VIOXX litigation, and represented GD Searle & Co and its subsidiaries in a case described by the trial judge as "the longest running and most complex product liability action in Australian legal history."

We also have particular expertise in industry sectors such as:

• automotive products and heavy machinery
• toxic torts
• food and drink
• animal health products
• aviation
• chemicals
• consumer goods (eg household items, personal care products, electronic goods and toys)
• prescription medicines
• technology products
• OTCs
• pharmaceuticals and medical devices regulation.

Clayton Utz' practice in this area also extends to Australian customs issues (such as tariff classification of goods; customs valuation; Tariff Concession Orders; and rules of origin) as well as anti-dumping matters. We are well respected by Australian industry as well as the Australian Customs Service and Government for our ability to forcefully represent their interests.

For more information regarding any of the specific areas mentioned above, please contact Colin Loveday, Head of our National Product Liability team, for further information.